Slip and Fall
Slip and Fall Cases Are Not Frivolous. They're How Michigan Law Holds Property Owners Accountable.
There's a stigma around slip and fall cases that I've spent my career pushing back against. People assume these claims are exaggerated or minor. But I've represented clients who slipped on an unmarked wet floor and shattered their hip. Clients who tripped on a broken sidewalk and suffered traumatic brain injuries. A grandmother who fell on black ice in a parking lot that the property management company hadn't salted in three days. We secured a $6,000,000 settlement in a slip and fall case — because when a property owner's negligence destroys someone's quality of life, the law doesn't treat it as trivial.
What Michigan Law Requires of Property Owners
Michigan premises liability law imposes different duties depending on why you were on the property. If you were an invitee — a customer in a store, a patient in a medical office, a guest in a hotel — the property owner owes you the highest duty of care. Under MCL § 600.2921 and Michigan common law, they must inspect the premises for hazards, repair dangerous conditions, and warn you of any risks they know about or should have discovered through reasonable inspection.
If you were a licensee — a social guest, for example — the owner must warn you of known hidden dangers but doesn't have the same inspection duty. Trespassers get the least protection, though Michigan still prohibits willful or wanton injury even to trespassers. The classification of your status on the property is often the first thing insurance companies attack, and it's something I address head-on in every premises case.
The "Open and Obvious" Defense — and How to Beat It
If you've talked to another attorney about a slip and fall and been told your case is weak, chances are they mentioned the "open and obvious" doctrine. Under Michigan law, a property owner may argue they're not liable if the hazard was so obvious that a reasonable person should have noticed and avoided it. For years, this defense killed legitimate claims.
But Michigan courts have carved out important exceptions. If the hazard was effectively unavoidable — meaning you had no reasonable alternative but to encounter it, like a single icy entrance to a building — the open and obvious defense doesn't apply. Similarly, if there were special aspects that made the hazard unreasonably dangerous despite being visible, like a deep pothole partially concealed by standing water, the defense weakens considerably. I've won cases that other firms rejected based on this doctrine because the analysis is more nuanced than most attorneys realize.
Frequently Asked Questions
Q: How long do I have to file a slip and fall lawsuit in Michigan?
Three years from the date of your fall under MCL § 600.5805. But if the property owner is a government entity — a city, county, school district, or state agency — you must file a written notice within 120 days of the incident under MCL § 691.1404. I've seen people lose otherwise strong claims because they didn't know about the government notice requirement. If you fell on government property, time is not on your side.
Q: What if I was partially at fault for my fall?
Michigan's modified comparative fault rule under MCL § 600.2959 allows you to recover as long as you were less than 50% at fault. Your damages are reduced by your percentage of responsibility. Insurance adjusters will try to argue you weren't paying attention, were wearing inappropriate footwear, or should have seen the hazard. I push back on every one of those arguments with evidence of the property owner's failure to maintain safe conditions.
Q: What compensation can I recover in a Michigan slip and fall case?
Economic damages include medical expenses, lost wages, future treatment costs, and rehabilitation. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. Michigan does not cap non-economic damages in premises liability cases. The severity of your injury — hip fractures, back injuries, traumatic brain injuries, knee damage — directly drives the value of your claim. Documentation is everything: I tell every client to photograph the hazard, get the incident report, and keep every medical record.
Q: Does the property owner's insurance company have to pay?
Property owners carry commercial general liability insurance for exactly this reason. But their insurer's job is to minimize the payout. They'll send an adjuster, take your recorded statement, and offer a lowball settlement before you understand the full extent of your injuries. I handle cases on contingency — you pay nothing unless we recover — and I don't let clients accept early settlements that undervalue their claim.
